N a tax

Project Manager

Hi All,

We are staying in Apartment which is not yet registered as society. The builder is yet to form the society. Currently the Apartment is maintained by mutually agreed group of residents on their own. Now we got to know we have to pay the NA tax.

So my question is are we supposed to pay or the Builder needs to pay. Since the land is in his name and the society is not officially formed through ROCS.

PLease let me know what we should do.

Many thanks in advance.

BR//Rash*t

 
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practicing advocate

what is the agreement between your and builder

 
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Project Manager

Hi,

Thanks for your reply. There is no agreement. In fact we have never thought we will get this.

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

After getting occupancy certificate from  the municipality, you individual residence will have responsibility to pay property taxes on the individual flats. Till then the builder is having responsibility to pay taxes in the absence of agreement.

 
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Project Manager

Sir,

Thank you very much for your answer. We are trying to get help for Payment of NA Tax and not the property tax.

We would like to bring to your notice the following points which are in the Agreement for sale with the Builder.:
 

In pursuant to the clause IIIA of the agreement, the said land described under schedule-I is owned by the confirming party and their names are shown in the revenue record as the owners and possessors. (The NA Tax assessment notice is in the name of Mr XYZ  for the survey no.123/3. who is the confirming party no.3).

In pursuant to the clause IIIC of the agreement, the confirming party no.2 to 11 have entrusted the development in respect to of survey no.123 Hissa No.3 to the Promoter (i.e. Builder).

In pursuant to the clause 18 of the agreement, from the date of possession/completion certificate whichever is earlier in respect of the said accommodation, the purchaser/s herein shall be liable to bear and pay all taxes, cesses in respect of the said accommodation and proportionate maintenance charges in respect of the said building and expenses for common facilities such as common light meter, water pump/s expenses for lift if any etc and non-agricultural assessment in respect of the said land to the respective authorities......

So my question to you will be  are the flat owners of our apartment are obliged to pay the NA Tax proportionately ?

Please let us know.

Many Many thanks again for your kind help.

 

BR//Rash*t

 
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